The Sun. — London, England, 1808-12-21 00:00:00

D .!!EP6117. COURT OF ni NG's BENCH, Insoles LORD ELLENBOROUGH. k" A SPECIAL JURto PARR V. BENSON. Tlll.l was an adiou against the Defendant for Cri-: mina' Conversation with •the Wife, iii Which the damages were laid at teo,oool. M. PARKE, for the Plaintiff, in a very able speech °Pelee' the case at considerable length. The Plain tiff and Defendant were both of them Merchano of the first respectability at Liverpool ; and the De fendant, the. son of a Gentleman of the first consi dination there, at whose death he had come into a very large fortune. 'The Plaintiff and Defendant . ;vett together upon terms of the greatest intimacy. ▪ Maintiff was married to his wife, a Miss Wood, I ,vhe was a very beautiful-yoking woman of 18 or 19, In 1798, and bad five children by him, of whom, as Well as of his wife, he was remarkably fond. He resided at a village called Everton, about a mile from Liverpool, and was a b sent f rom h ome genera ll y ' fr om ten o'clock in the morning till his dinner time at four o'clock, during which time the Defendant, it ~,Nt'tlld be p rove d, h a d f requent l y v i s i te d M rs. P arr. 'be Defendant himself was a married man, and I,lse r etore had committed a double adultery. He nit nell had a l so a fatnily-es.he had two sons by his N l Vei from whom he was now separated. The t i t trift was himself a very convivial man, and h a d lie&ndant constantly to din e with hi m , w h ere li c e was treated with the. greatest confidence; and altiongst the aggravatienia this case, it would be Proved that the Plaintiff had, upon finding his wiles WI:Idiot) estranged from Min, which ceived in th e year 1805, or .1800, fallen he fi rst pera hit° a me -5 hnily and d es p on di ng state, wh i ch ha d i ncrease d 0 7, 1 ° ; `' to such a d e g ree , t hat in 1807, b e w as A;Tra to be sedt to Dr. Chute, who kept a Lunatic y um in Lancashire, where be now remain e d. t t ri ta p l ace of adultery 1805,deher ywould be clearly proved to have but the Plaintiff's brother, Mr. relwardParr; •who was a most respeaable Attorney tit Liverpool, upon whose instructions he could r e ly, , 9 1 d who now martaged the Plaintiff's affairs, bad 40t sufficient evidence upon which to found his , action till August last, after it was too late to pro 'Zed at the last Lancaster Assizes, or the attion "IN have been commenced earlier, and the cause probably have been tried in the County of ancaster. - The Learned Counsel made some ob 7,erivations upo n th e us u a l t o pi cs i n t hi s sort of casee, ,"" tetteltided, by stating it to be a case w hi ch weilld impress itself strongly upon th e i r f ee li ngs, and llvhich called for very considerable damages, although 6 by do means recommended them to give ea i;ages by way of punishment for the moral . o ff ence ; t ut Only as a just compensation for the injury sus :dined by a husband who had been so grossly injur b and whose feelings were sa new, that he had ( 7 rl , driven mad by the affliation of his wife's in e,litY. Upon that subjea, if the madness were ac baily attributable to that cause alone, it would be a considerable aggravation ; bet be admitted that. it tpight probably, in part, be attributed to a brain Y.e . ver which had been caught by the Defendant in itti,s over exertions during an eledion, in which, as a arsieted to General Tarleton, he had been so aetive' o de rive himself of rest fqr eight nights suc eessiaelv. Th e ,' - marriage being proved in 1708. Dixon, friends 67.!'earas and Mr. . of the Plaintiff, e vi i7 e c ' d iled, who proved that the Plaintiff'. and hie i iv i.;e by very happily together, and that the Plabt- A...1. 1 'as Very food of his children. %earns Said, that upon cr oss-examination 1 1 , Mr. G.ARROW, Mr. called upon his own marriage, Mrs. ret t:ll4 ane left her card with Mrs. Parr, who age'tirrred the visit, and that they were much of an a but that they did not visit. It appeared also, tittedthe P a rties at th e Pl a i nt ihovef's hoe chiefly con zed 1 1i °E Gernknaen. But Mr. Cams said, he compasn;:ife lived very retired, and saw very little Mr. \iv,. ilad been a ls o 3 perk to the Plaintiff, and who a very confidential servant of th e Plain s fat hp --ra spoke to the same fads. _ several immediately after dinner, when 34 1 rs., Parr r etired. Mr. Benson usually handed' her t o the. door, and very often followed her shortly al tearowards, and that upon some cccasions Mr. Parr dr .:" ,t" the Defendant, " Come, Ralph, come, and 0 . 11 : 4 Your wine, and leave Mary to herself." On to °!. these o ccas i ons Mr. BEDSOII said, be must go , W rite a not e up stairs. ,r. Dixon spoke also to the affedion of the mar betcouple.. On hi s cressseeamiaatiou it was asked, her he had not accompanied Mr. and Mrs. Parr to the seat of a Mr. Inc:, some distance from Liver- Peol, when the husband ?liaise, an went with a Lady i n a d Mrs. Parr Mr. Benson rod e on and 11Zsebak thither, and walked round the walks nat n es but it appeared that nothing of an improper r e Was observed b etween them at that time. calle Ir. E. Parr, the brother of the Plaintiff', was d to prove the same point, as to the afl'ettion of the husband and wife, and said that his wife visited. The Plaintiff had five children. Mrs. Parr is now 2 3 year s o f age, and both Parr and Benson are be yeen 35 and 40. It was on Saturday, the 18th of anuary, 180 7 , t h at Parr was taken ill ; he was at length obliged to be sent to Dr. Chute, at Liverpool. Airs. Parr went away on the 14th of February fol lowing, without his knowledge where, and aeainst his consent. She left four of her children behind l her. His brother had been home two or three times,, and was sometimes master of himself, but tow remains at Dr. Chute's. _,,Upon hi s cross-examination by Mr. Gatteow, he 4‘itu not app ear willing to'confess that his brother had ;leen mad at any time before January 1807, although he . had been depressed in his spirits in . 1805. He ( lid not recollea the name of Holmes ; but-at last, on a sudd en , did recoiled that in 1791 his brother !lad teen in London, to visit another brother in 3,r-; 3_lunro ea, nett-inn, and had been under the care o f Dr. who A had placed him with a Mr. Holmes. Jane Hughes lived as cook with the Plaintiff' at Overton, and a l so at Liverpool. The counting-house vas:.. er 00l n early a mile from the Plaintiff's residence iti p, and was still f urt h er o ff w h ile at Ever tun, the. She cam e i n 1e04,. and letsi-in 1807, when Plaintiff was taken ill. The Plaintiff used to go in to at ten o'clock., and ,returned at four, and in ale • the i;efcndani used often to visit Mrs. Parr, • away ere lI rt:t.urned, _On our d y, whil% .t L.. . . ,ney were al. .1.-..iverton, the was dr - Avii the Underneath the breakfast parlour, getting some pci , . tatoeS,, when she .overheard her mistress say, !‘ Don't, -don't, Denson ;" upon Which her suspicions were exched, 'as she bad had ierne previous Wl matiOns of impropriety in Mrs. Parr's conduct from MattheW Owen, the man servant. She went tip stairs, and asked her mistress if she should take any light cakeS fur tea. 'Upon 'opening the door she saw her mistress lying at length on the sofa, and Benson* in a situation Which too plainly indicated that the adultery had been committed. He immediately withdrew and 'stood by the fire , with his back to wards her. She went down stairs, and shortly af terwards the Defendant followed . her, and finding her crying, asked - what she cried for; to which she answered, that he knew what she cried for, and he was a dirty ,villain. Upon her cross-examination, it appeared to'be well known in the family. That she told Mrs. Edward Parr, the Plaintiff '5 brother's wife, who was the Attorney, and the Witness examined for the Plaintiff, in the parlour in 1807, just after the hay harvest. • Mary Cooper, another servant, was present, and confirmed her in the statement, that she remem bered Mr. Parr and Mrs. Parr going with Benson to Shrewsbury Races in 1806. She was certain that' she told Edward Parr before the corn harvest in 1807. Jane Edwards lived .as nursery-maid with Mrs. Parr, and went with ,her to Mr. Brain's, at the Heath Cottage, near.Shrewsbury, after she quitted Liverpool. They arrived there on a Saturday, and on the next Wednesday Mr. Benson came, and used to ,visit very frequently, three, four, and five tiae:s a week, though his house was 16 miles off, at Lang- stone-Hall. Brain, who owned this cottage, also spoke to the same facts. And Mrs. Mary Wooton, who liied servant with Mr. Benson, at Lutwyche Hall, proved that Mrs. Parr came there to reside for some time, and brought her child with her. That when Benson was there she slept with him, but at other times in the nursery. • Mr. Joseph Daultry, an Attorney at Liverpool, proved that Mr. Ralph Benson was a man of large • property, and lived in the first style at Liverpool,— • That he had also seen Mrs. Benson in Gloucester place, who lived in the first style there also, and had two sons. Mr. GARROW made a most able address to the; Jury, remarking very strongly upon the manner in , Which the case had been overstated, and on the in consistency between that 'statement and the evidence' of Mr. Edward Parr, who had stated, that he could not procure evidence earlier, which: was the ,only reason for not. trying the cause in Lancaster, where as it was clear that he had abundant evidence of adul tery from Jane Hughes,, whose evidence could' not be disputed, in 1807. He,observed alSo upon Mr. Parr's reluctance to state the actual commencement of the Plaintiff's insanity, of which, as brother, At torney, and in feet Plaintiff, he could not be igno- ; rant, notwithstanding he had instructed Mr; Park to attribute the husband's madness to his wite's He admitted that his client was guilty, and the only question would be as to daMages and upon that sub jed it'had already appeared, that even upon the testimony for the Plaintiff, he had allowed of ' very great familiarities with the Defendant, and his own wife. Some part of it might be attributed to the manners of Liverpool ; ;but it was hardly to be accounted for upon any principle, that a husband- should see his friend constantly following his wife • upstairs, although he was food of his bottle, and the same husband, gently chiding hier, and telling him to stay and drink, and leave Mary (his wife) to her self. In addition to this he should give such testi mony as would shew, that although the husband had not actually laid the pillow for ,the adulterer, he had concluded himself so carelessly towards his wife that he could not be entitled to more than slight . damages. It would have appeared if Mts. E. Parr had been called, that the husband's conduet.was such that ladies did not visit, in the family. He also stated some aCts of strange familiarity which passed at the Races at Shrewsbury, so that the waiters observed that Benson seemed most like the husband, and that it was strange that during that excursion the Plain tiff slept in a different bed from his wife, who was permitted to sleep on another floor, in a room con tiguous to Mr. Benson. Mri. Catharine Jones and Mr. Jones, the latter of whom was a Shoe-maker, at Shrewsbury, proved that the Plaintiff and his Wife and the Defendent came to Shrewsbtiry Races ; and that the beds at the inn being occupied, they took a lodging at their house. That at first they offered the party two , bed rooms only ; but'Mrs:' Parr said she roust have three, for Parr- was ill and ,would sleep alone. She then gave Mrs. Parra small bed-room on the-second floor, contiguous to that . of Mr. Benson, in which the cur- , taints of the bed had been taken down. Both Wit nesses spoke to some freedolns bet ween the parties, in presence of the husband. They used to stay late, and had the key to, let themselves in.. Mr. Jones remembered going up- stairs when Benson's room door was open as - well as Mrs. Parr's ; he could see them both. They were each dressing, and about half dressed. Mrs. Parr had not a gown on, but they could not see each other. was said, however, that Mrs. Parr's brother, w h o an Attorney in the town, constantly visited them. Mrs. Parr and Benson sat on the sofa, and Parr at the window.— Parr wore a green shade, but he did not appear to be unwell ; he went to the Races and Bail every day. They were then nine days together. Phillips, a waiter at the White Lion, saw several personal familiarities pass in the presence of Pan r ; and while they were waiting for dinner, Benson walked up and down the room with his arm round Mrs. Parr's waist. lie thought them too` Benson paid all the bill, except Mr. Wood's por fion, Mrs. Parr's brother. ; Mr. James Penny, a Merchant in Liverpool, knew both parties, Benson very lung ago, and Mr. Parr first about six years ago, in 11302, when he was introduced there . by Benson to supper. The Wit ness sat on the left of Mrs. Parr, and Benson on her t. right. Next to him was Mr. Parr ; and old Wei kinson had the botto m of the tabl e . H e th en ob served something very improper.. First Mr. Bensen .and Mrs. Parr exchanged very significant', eayaitio rous elancee. Af terwarda Weiso,epUt his, hand up .n her-1;:reete•ll anatheu laid ;►is bond. t27ju 11 3 cirXho6 still luGra iadviendy . . Parr itiust have ;ken .1i it he had , loehea thiit ivay, hui the Witness_could Fidt say that he did. . Upon re tirhig`With Benson tO gO Emile; the Witt . 43ss told him he theiight.hii condo6t was very inapt:Niel - , and that if he was her husband he, shoUld have kicked him out of doors. nenson said .he had known her very long ; and .She was . like his sister ; to which the Witness replied, that he had sisters, but he never used thedi so. -He afterwards visited at.Parr'S Etc did not know Whether he ,told- Benson he was a dartined scoundrel; btit he believed he used strong expressions to him, being a married man himselt. His wife never visited Mrs. Parr. Mr. ItichrhOnd knew both parties for '26 years, and observed Benson often follow Mrs., Parr up stairs, and remembered Parr saying, Ralph, come and drink your wine, and leave Mary to herself.— He also met Parr once in the Streets with one of his sons, when Parr said, Syl, don't you think that boy damnably like Ralph ? Upon which the Witness turned the conversation, and Said, what thd devil are you talking about. Two Military Officers spoke of dining at Parr's, when Benson and Mrs. Parr seemed fo think there was nobody else present ; and upon Mrs. Parr's go.- ing out of the room, Benson stood with her at the door, looking upon her as it were with gloating eyes for some time.--Parr must have seen it, for he af terwards told Benson to come and take his wine.--i One Gentleman spoke to 1085—the other to the year ism?. It must ,have been .observed by Parr. Lord ELLENBOROUGH asked the last Witness, if he, being a inartied man, visited in a house a second time where ,the husband appeared so little care ful of his wife. The witness excused himself upon his being a military man, and not wishing to .pass strictures on those who treated him with hos pitality. His Lordship then said, that Mr. Penny had be haved like 'a man of stria honour, but he should \ not make any observations upon the other witness, the last who was Called. - •hir..PAßK,replied very ably. Lord ELLENBoRoUGH, in summing up tne. case, desired the Jury to lay out of the case the aggrava tion derived from the Plaintirs malady. He re marked also upon the contradiaion that Mr. E. Parr had received from Jane Hughes in a material point, and said he thought, even from the Plaintiff's own Witnes , ,,s, there appeared some familiarities to be allowed by the Plaintiff.. The question would be, whether he courted, his own dishonour,' in which case there typist be a verdid tOr the Defendant ; or Whether suspicious were lulled en/irely by his fr iendship, in Nine!) case he was entitled to consi derable damages ; or, whether he had been negli g,nt- Of hi; wite's charaaer, and allowed of free doms which led to iinoroper consequences, in which CaSe,, the damages Must be materially diL minished. The Jury withdrew for about a quarter of an hour, and returned a Verdi& for the Piaintiff.--6Dim3ges The Cause lasted from nine o'clock till half-past three. POLICE. Bow-sTßEat..,—Pearkes, the officer, has returned from Chichester, where, we stated, he went in pur suit, of the robber who had stolen a brown paper parcel, with rioter and bills to a considerable amount, sent by the mail, dire&ed to Messrs. Fry and Co. of St. Mildred's•couti, Poultry, and which was ex.- Changed for,a - similar pat-eel, containing!an old ragg ed towel. The officer has returned, without being able to gain any information, either on the'road or at Chichester, of the robber. An assistant porter, belonging to the White Horse, Fetter-lane, was observed to run out of the inn irn-. m - ediately after the mail arrived; he went to hii lodgings, and returned in great haste, as if he did not wish it to be known that he Irad been absent. From this and other circumstances, fie has been takeninto custody, and has u n d ergon e several examinations. Not being'able to give a satisfa6tory account for what he w ent home, he is committed for further exami nation. WORSHIP•STREET.--Yesterday James Mackey, a private in the Ist Regiment of Foot Guards; was charged by Mr. Isaacs, of .Three-colt -court, Shore ditch, jeweller and dealer in watches, with assault ing him on the:highway, in Shureditch, and attempt ing to rob him , of a watch and several other articles of wearing apparel. It appeared from the statement of Mr. Isaacs, that he was returning home with his wife about eleven. o'clock on Saturday night.; they observed the 'Prisoner following ; this induced them to walk very fast, which the Prisoner observing, did so likewise; they then walked slow, and he did the same ; when they stopped, he attempted to 'snatch his watch and a bundle of clothes ; Mr. Isaacs resisted, struck him with his stick, and his wife . fetched a watchman, who secured the Prisoner. The .Prisoner urged drunkenness in his defence. He was committed to Nes.vgate for trial. John Lock Thurston, William Lock , Thurston, and Daniel Lock Thurston, the Abree brothers in custody for horse-stealing, were re-examined be fore JOSEPH MOSER, Esq. the Sitting Magistrate. Two charges, in addition to the former, were ad duced; the one .was by Mr. Thomas Hollis, .of Henley-upon-Thames, Oxfordshire, timber-mer 'chant, who stated, that on the night of the Gth of November . last, a gelding was stolen out of his stable, and identitied a gelding produced by Arm strong, the officer, which Armstrong received of Mr. Witt, of St. Andrew's-street, Cambridge, who purchased it of the three prisoners, on .the 2.4 th November. The prisoners did not attempt to deny their having sold the horse to Mr. Witt, and said they could prove that they bought it in a fair way. The other charge was . by Mr. William Young, of Nettlebed, Oxfordshire, firmer. The parties were bound over to' proaecote, in these cases, at the next Assizes for the county .of Cambridge; and the pri soners were remanded for further examination. In digging lately under the sewer of Leadenhall 'street,. a coin was found, which bears the im priession of the reign of T. VESPASIAN. On the; reverse is the image of a female crowned: with taLlireL* . • • . Lately.4o*,iostitoted. to. ,the. re6lory of_ .Langton Dbmt; the Rev. J. Dampia, .ReCtor of Credfort , St kg.tcr,' P INDLL , CALCUTTA, MARCH .0.--•-06 Mon d ay evening smart squall of wind from the South East set in; at the-Presidency; at about . seven O'clock; accompanied witlimuch•thtinder, lightning, and rain. The Honi Company's Salt•Gollhs;at Stilkeah, on the Batik 4 o f. the river, opposite to,.oalcutta, -were set. on fire by the lightning; and from the freshness of the )4ind; they continued to barn withgreatAi4eince, tit, the whole. of their combustible tnaterialS, were consumed; and, some part of these continued ; to,.Onra till yes terday-.morning at 'day-light. During,the early 04 . of the night, the. fire was viiible at . the distance of several miles, presenting a sublime and affeating speaacle. Happily no lives were lost, .and the amount of the property destroyed is inconsidetable: The fire, while raging in its ntmost fury, had ap proached Within a short distance of the marine-yard of Messrs. John Gilniore and. Co. threatening the most imminent danger of the flame being coil-111MM cated to the combustible and highly valuable articles • colleEted in the yard and warehouses, and to the buildings and other property. Fortunately at this moment the wind shifted to the northward; by Willa the threatened danger Was instantly and cam pletely averted. , • 12.--During the violent storm on Thurs day night, the Hon. Company's Ship Ceylon drove froM her . anchors at Kedger6e, and grounded on the Gillingham Sand. We understand she has since been got Off without material datnage The storms on Monday; the 7th, and Thursday, the 17th instant, havti been particularly destructive; and occasioned great damage in • the shipping and small craft in the river. The lived lost on these occasions, we fear, are numerous. The Clyde drove on shore upon the beach, off the Esplanade; where she remained at half tide, upon. her beam-ends, in a Most, critical situation, with her masts hanging horizontally over the trees of the 11-...ispondentia walk, arid the whole of her hull dry. The damage she has yet sustained is not considered to be very material, and it is hoped she will be got off during the springs. The Extra-shin Ann , Just arrived, and in the at of hauling to the cli c ain moorings, a little above Chaundpatil Ghaift; was drove upon the where she lay upon ' her beam-ends in a most alartif- Mg situation ; but with prompt assistance; and mUcki skilful wanagernent, she was secured troll - I" failing over, and was hauled off at high Water, without §us taining any material injury. The extra ships Sarah. Chri,sliand and Diana also grounded; the former off. the Esplanade, Ale latter in Garden Beach; but neither of these sustained ,any . serious injury. The Ships Tiitori and Trdzitricki carried away their moorings, and went on Shore, but ere hauled off without any damage., The Hcistings and Philip nuridai Pilot Schooners;'' broke from' their =brings off Baskshall, and drove upon the bank; where they lay. nearly upon their, beam ends; and it is'apprehended they cannot ho got oft; till the ensuing springs. The number of river craft drove, on shore, ,sunk, and dashed in ,pieces Upon - the beach, is ,inntftneta ble. Indeed the violence of the gale can scarcely be conceived,- or the effeas described. . Collier, the noted and daring robber; whose depre dations have caused such alarm, in the counties of Dublin; Wicklow, ,Meath and Carlow, and who stood returned to the present Commis - Sion for trial,, has been., admitted an approver on the part of the, Crown, . and is to appear a witness at the ensuing February Commission, at the prosecution of many offenders, against whom bills of indictment have been found. On Wednesday last, the prisoneri Which were confined in the County Gaol of St. Dunstari's, Can terbury, were removed from thence to the New Gaol and House of Corre6tion, 'for the Eastern Divi sion of Kent, lately completed in the .precinet of St. Augustin's Monastry in Longport. They were con-.. veyed in a caravan, and during the removal, one of them, John Betts, alias George Wise, committed on a charge of felony, contrived . to make his escape by drawing his hand through his hand-cuff, by which, with a chain, he was linked with the others, A re ward is offered for his re•apprehension. CORK, DEC. 14.—The Ist regiment of Dra goons (Royals) in Dublin Garrison, received orders . on Saturday to proceed to this port for embarkation the 83d Regiment of Infantry, in the same Garrison, received similar orders. The first squa dron of the Royals will march on Friday,:under Lieu , tenant Col. DE GREY the first division of the sad march this day for Fermoy, under Lieut. Col. Goa- DON--A Brigade of Guards in England, and several' other Regiments in this country, are• under orders for Spain. BOXING.—A grand battle was fought on Monda morning, for a stake of SOO guineas, •in Sir P. W. Frankuni's Park, at Rottinueatt, near Devizes, be tween Code, one of •Mr. Frankum's servants, and John Weston, a Warminster man, in the presence of a thousand speEtators.—At setting-to, Weston was backed at odds, from his tried bbttom ; but alter six rounds had been fought, Code brought the betting to an equality, by displaying superior con rage. It was tremendous fighting at hitting .distance, and but little closing. The battle lasted thirty-two minutes, but, unlike the town pugilists, at lust minutes were spent in exchanging. hits. Weston was beat by a cross buttoCk which prevented' his standing up again. Died, - on the t gth inst. at .his house in . Sloane.. street, PATRICK HoMI, Esq. of Wedderbuine,. iii the County of &rwick, many years a Represent - ative in Parliarnent for that County'. CORN-EXCHANGE.—The . supply •of Wheat this day is short, very few sales are made, and those fully fetch our last prices quoted ; Barley and IVilt are each rather dearer ; White Pease likewise ; Beans of both . sorts nearly at . our lasts currency i, there - is a middling supply of Oats, and sales thereof are named at little. variation ; no alteration in Flour, Wheat 66s a Bos a 9os od Tick Baena - 7os a 76s ad Futedato - 92 - S a 9ss ot: Oats -36 s a gos a gzs ad Rye -- 56s a ()is od Poland ditto ggs a 455 . 0 d. Barley - - 44zs a 47s cd 1 Potatoe - - —s a gos 6d Malt - -78 A a 8 4 5 ad 1 Rape Seed - 5 01 4 561 -ed .W.Alita Pease 14;s a ii;s od fine Flour - Bos a Bss cot Grey ctitio‘, • sss a 6os od s%.cinAlS . . 755 aLs ad BOW"' . . . 74,,5'a i4s wit .